Legal

In this Website Terms of Use (“TOU”), Enovix Incorporated sets forth the terms by which you may use our site, www.enovix.com (the “Site”). By using the Site, you are agreeing to this TOU. If you do not agree to this TOU, you may not and should not use the Site.

Links. This website may contain links to third party websites which are controlled and operated by third parties. Your use of each third party website is subject to its terms of use and other guidelines, if any, contained within the relevant website. You agree to review and accept such terms of use prior to using such third party websites. Enovix makes no representations whatsoever about any third party website which you may access through this website. When you access a third party website, you agree that it is independent from Enovix, and that Enovix has no control over any content on that website. In addition, a link to a third party website does not mean that Enovix accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, spyware, and other items of a destructive nature.

Additional Terms for Forums, Blogs, and Other Social Media. Our Site may provide one or more forums, blogs, or other interactive or social media features (“Forums”) for visitors to our Site to exchange information with each other and with Enovix about mobile information and communications, energy storage, products, and services (the “Purpose”). If you use the Forums, you agree to the following:

Restrictions. You agree not to use the Forums for any reason other than the Purpose. The material on the Forums is protected by international copyright and trademark laws. Except as permitted through a “Share” function which we may provide on the Forums (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums.

Postings Not Necessarily the Opinion of Enovix. Some of the individuals posting to Forums work for Enovix; however, opinions expressed here and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect the views of Enovix.

Postings. Although we may attempt to keep objectionable messages off the Site, it is impossible for us to review all messages. All messages express the views of the author, and Enovix will not be held responsible for any message or associated content. If you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a “Posting”), you represent and warrant the following: (a) you own all right, title, and interest in and to the Posting, or you have been granted sufficient rights in and to the Posting allowing you to post such Posting, (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violate any laws, (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Posting, (d) any Postings you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights, or any applicable law and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and their and our directors, officers, employees and agents against all claims, losses, liabilities, costs, damages, and expenses incurred by us or them due to any breach by you of this TOU or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall be deemed to include any use by a third party where such third party accesses the Forums using your computer. When using the Forums and viewing Postings, you need to be aware of the following issues:

The Forums may include contributions from various sources over which Enovix has no control (including any content submitted by third party users).

Enovix may not pre-screen or exercise editorial control over Postings, and takes no responsibility for such Postings.

Enovix reserves the right to edit or remove Postings at any time and in its sole discretion, including those that are in breach of this TOU or in breach of any obligation of confidentiality you owe Enovix, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums and Enovix will not be liable in relation to the removal of, or failure to remove, any Postings.

Messages to Registered Users. Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users for the purpose of exchanging information about the Purpose and any other use of the ability to send messages to other Forum users is strictly prohibited. Moreover, you shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e., spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.

License. By adding a Posting to the Forum, you are granting Enovix a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform, or display any such Posting, (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available, and publish your Posting without restriction, and (c) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Posting. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posting, including but not limited to rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction without Enovix owing any monies to you whatsoever.

Enovix Employees. If you are an Enovix employee, you must also follow the Enovix TOU for Social Media in your Postings.

Posting Guidelines. Our Forums may contain additional rules or posting guidelines. In such case, you agree to conform your Postings to any such additional rules or posting guidelines.

Privacy. In order to operate and provide the Site, we collect certain information about you. Our practices with respect to the information we collect is described in our privacy policy that is available at add URL for privacy policy when assigned (“Privacy Policy”). By agreeing to this TOU you are agreeing to our Privacy Policy. Information, including, but not limited to, personal information, collected through the Site may be stored and processed in the United States or any other country in which Enovix or its affiliates, subsidiaries, or agents maintain facilities. By using the service, you consent to any such transfer of information outside of your country.

Disclaimer. The materials on the Site and on the Forums are provided “as is” and without warranties of any kind either express or implied. Commentary and other materials posted on the Site and Forums are not intended to amount to advice on which reliance should be placed and we therefore disclaim all liability and responsibility arising from any such reliance. To the fullest extent permissible pursuant to applicable law, Enovix disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, title, and non-infringement and any other conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity. Enovix does not warrant that the Site or functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Site, or the server that makes it available, are free of viruses or other harmful components. Enovix does not warrant or make any representations regarding the use or the results of the use of the materials on the Site in terms of correctness, accuracy, timeliness, reliability, or otherwise. You (and not Enovix) assume the entire cost of all necessary maintenance, repair, or correction.

Limitation of liability. Under no circumstances, including, but not limited to, negligence, shall Enovix be liable for any direct, indirect, incidental, special, or consequential damages that arise or result from or are related to the use of, or the inability to use, the Site, or any of the Postings made available on or through the Site. You specifically acknowledge and agree that Enovix is not liable for any defamatory, offensive, or illegal conduct of any user of the Site or any posting to the Site. If you are dissatisfied with the Site or any materials made available by or through the Site, or with this TOU, your sole and exclusive remedy is to discontinue using the Site.

Modification & Termination. This TOU is effective until modified or terminated by Enovix. Enovix may modify this TOU from time to time, and the new TOU will be effective when posted. Enovix may also terminate this TOU at any time without notice to you. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to material downloaded from the Site, the disclaimers, and limitations of liabilities shall survive.

General. This TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles or conflicts of law. If any provision of this TOU shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Enovix is a registered trademark of Enovix Corporation, and 3D Silicon is a trademark of Enovix Incorporated. Certain other product names, brand names, and company names mentioned in this site may be trademarks of their respective owners.

In this Website Privacy Policy (“Policy”), Enovix Incorporated provides information about how we collect, transfer, and use personally identifiable data from you, a website visitor, through www.enovix.com (the “Site”).

Scope

This Policy covers only data collected through the Site and not any other data collection or processing, including, without limitation, data collection practices of other web pages to which we link, or data that we collect offline or through other websites, products, or services that do not display a direct link to this Policy. Occasionally, we may refer to this Policy in notices and consent requests related to surveys and special-purpose web pages, for example, our Careers web pages; under such circumstances, this Policy applies as modified in the particular notice or consent request (e.g., with respect to types of data collected or purposes of collection).

Types of Data and Collection Methods

Information you submit. When you request information, subscribe to, register as a user, respond to an online survey, or otherwise actively send us data, we usually collect data such as your name, email address(es), mailing address(es), telephone number(s), and certain information related to the business you represent. In each such instance, you will know what data we collect through the site, because you actively submit it.

Information we automatically collect. As part of the standard operation of the Site, we may collect information from your computer or mobile device, including but not limited to your browser type, operating system, IP address, and the domain name from which you accessed the site, and if you are accessing our site with your mobile device, the type of mobile device. In addition, we may collect information about how you use our Site, such as the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing the Site, the number of times you return to the Site, and other click-stream data.

Cookies. We may use cookies, web beacons, or similar technologies to collect the information described above. A cookie is a small text file that may be stored on the hard drive of your computer or device when you access the site. We may also use cookies to: (1) provide you with customized content or offers on the site; (2) monitor site usage; (3) remember you when you return to the site; and (4) conduct research to improve our content and services.

You are free to decline cookies, but by doing so, you may not be able to use certain features on the site or take full advantage of all of our offerings. Check the “Help” menu of your browser to learn how to change your cookie preferences.

Collection Purposes, Use of Data

We use the data we collect for the following general purposes:

To respond to the request that you sent us such as your request for information, or your request to subscribe to a service or purchase a product;

To administer, protect, and improve our Site and our systems;

To better understand the preferences of our Site visitors;

To identify server problems;

To compile aggregated statistics about Site usage;

To help personalize your experience of our Site;

To improve our products and services and other internal business purposes;

To provide you with information about our technologies, product, or service releases, news, and other communications;

To the extent permitted by applicable law, we may combine the various types of data that we collect, and;

Any other use we describe at the point where we collect the data.

Interactive Features/Forums

The Site may provide interactive features (such as forums) that allow you to disclose information directly to other users. Your participation in such interactive features is completely voluntary and Enovix assumes no obligations or responsibility with respect to the information you provide or share through such interactive features. To participate in these interactive features, we may require you to register with us and provide certain information such as your name, company name, email address, location, phone number, and desired display name (which may be viewable by other users of the interactive features). We may use the information you provide during the registration process for analytical and development purposes (such as to make product or service enhancements) and to enable you to use the interactive features and to manage your account. You may also personalize our interactive features by voluntarily providing additional information such as your location, instant message contact information, web site address, occupation, and other information. Our interactive features may also allow you to upload an avatar or other graphical representation of yourself. If you voluntarily provide such additional information, it may be viewable by other users of the interactive features—so you should not provide information you do not want other users to see.

Where We Store and Process Data

We keep data in California and we also have servers, contractors, and employees in various locations around the world, including, without limitation, other parts of the United States of America, Asia, and the European Economic Area.

Disclosures of Personal Information

We do not share your personally identifiable information with others, except as follows: We may share your information with third parties who process the data on our behalf for the purposes set forth in this Policy. Portions of our Site may offer services or information specific to identified partners or customers, and in such cases, we may share your personal information and activities on our Site with the identified partners or customers for their business use. We may also share your information as required by law or in the interest of protecting or exercising our or others’ legal rights, e.g., without limitation, in connection with requests from law enforcement officials and in connection with court proceedings. We may share or transfer your information in connection with a prospective or actual sale, merger, transfer, or other reorganization of all or parts of our business. Finally, we may also share your personal information where you have granted us permission, and we reserve the right to fully use and disclose any information collected via the Site that is not in personally identifiable form.

Retention

We will retain your information for as long as needed to provide your requested services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Security

Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

Children’s Privacy

The site is intended for adults. We do not intentionally or knowingly collect, personally identifiable information from children under the age of 13 and we request that individuals under the age of 13 not submit any personal information on the site.

Amendments

We reserve the right to change this Policy from time to time and in our sole discretion. We reserve the right to change, modify, add, or remove portions of this Policy at any time, but will alert you that changes have been made by indicating on the Policy the date it was last updated (i.e., Effective date). When you visit the Site, you are accepting the current version of this Policy as posted on the Site at that time. We recommend that users revisit this Policy on occasion to learn of any changes.

Effective date: January 15, 2016

ABOUT ENOVIX

Enovix is building a next-generation lithium-ion battery to increase energy density and improve safety. Our patented 3D cell architecture enables a high-capacity silicon anode to increase energy density by 30% to 80%, depending on cell size. And our patented 3D cell architecture includes features that reduce the danger of explosion and fire from thermal runaway. We’re backed by strategic relationships with Intel, Qualcomm, and Cypress and over $150 million in venture, strategic, and private funding. We’ve been awarded over 50 patents and have over 50 more pending that will create sustainable enterprise value and provide a competitive barrier for years to come.